see, the kinds of fire will tend to put out a lot of smoke and they can be stubborn. the stage is set for outside lands. and san francisco's golden gate park. the festival will kick off on friday with headliner kendrick lamar including the foo fighters. you can check out the full lineup on our website kpix.com. all right, we'll continue our coverage of that fire in the port of oakland. streaming the cbs evening news is next. back here in ♪ ♪ >> major: breaking news. at least six people killed and dozens injured as wildfires rage on the hawaiian island of maui. some people jumping into the ocean to escape the flames, as rescue crews desperately search for survivors. here are tonight's headlines. ♪ ♪ hurricane-force winds fuel the deadly fires as thousands are evacuated after flames engulf a popular tourist town. >> we need to be brave for each other. ♪ ♪

>> major: a utah man is killed during an fbi raid after allegedly threatening president biden. ♪ ♪ >> a tornado touched down in northeast colorado. it was 1 of 2 tornadoes that hit the area. ♪ ♪ >> major: new details on a search warrant into former president trump's twitter account, as a key memo reveals new information about a plot to overturn the 2020 election. ♪ ♪ >> we did it! >> supporters of abortion rights in ohio are claiming a huge victory after voters rejected a measure that would have made it harder to amend the state constitution. >> we beat them! yes! ♪ ♪ >> a group of lgbtq veterans who were kicked out of the military because of their sexuality are now suing the department of defense, hoping to change what are currently discriminatory discharges to honorable. >> my country is telling me i am not good enough to serve just because of who i love. ♪ ♪

>> someone at this supermarket won the $1.58 billion mega millions jackpot. >> it's going to change the whole town. i think it is going to turn upside down from this. we have no idea. ♪ ♪ >> we honor a true hero of our nation. >> major: and a vietnam war veteran receives long-overdue recognition. >> never forget who we are and what america stands for. and when you do that, america is a better place to be. ♪ ♪ >> major: good evening to our viewers in the west. thank you for joining us. i am major garrett in for norah. we begin tonight with wildfires in hawaii that have people fleeing for their lives. the fast-spreading flames had engulfed entire towns on the island of maui, ripping through historic tourist destinations, burning everything in sight. hundreds of homes and businesses are feared destroyed, as winds from hurricane dora have turned small brushfires into raging infernos. a state of emergency has been

declared, and officials are preparing to ask for federal funding, as soon as they get a better idea of the scale of destruction. fema and the military have been called in to help. at least six people have died, and 20 are seriously injured. the death toll is expected to rise. thousands are staying in shelters, and officials are discouraging all nonessential travel from the mainland, at least for the next few days. cbs's jonathan vigliotti is in hawaii with the latest. >> [bleep]. >> reporter: iconic lahaina, a paradise lost. >> let's go! >> it's hot. >> reporter: winds from a hurricane south of maui with gusts up to 70 miles per hour pushed flames that raced across the island and fueled several large wildfires. in a horrifying instant, a wall of fire charred a piece of maui

all the way to the ocean. the coast guard rescued at least a dozen people from these waters. their only refuge, with flames menacing all around. >> somebody is down. right there. >> somebody is down. we can do nothing for her. >> reporter: thousands of people were evacuated, including dan sonnesyn. he shot these images today on maui, a horizon of smoke and flame. his vacationing family of three from colorado now stuck sleeping in their car. >> it was awful. for all of the natives, especially. and you lose a place like lahaina, it's so historic. >> oh, my god. >> reporter: daybreak showed the scope of the calamity. flames had wiped out hundreds of homes and businesses and hawaiian history. lahaina, a mecca for tourists, used to be the capital of hawaii's ancient kingdom and a major fishing port. >> just such a cool, old town. it's really tough to think about. >> reporter: witnesses say lahaina lies in scorched ruins. >> i just can't [bleep]. >> this is a time we need help. we need to stand together. we need to be brave for each

other. we are just struck by the devastation felt on maui. >> reporter: the wind continues to be a major concern, shelters are packed, emergency resources stretched to the limit. and tonight 4,000 visitors are scrambling to get out of paradise and off of the island, major. >> major: jonathan vigliotti, thank you. now to some breaking news. a utah man was shot and killed earlier this morning during an fbi raid on his home. cbs's ed o'keefe reports the agents were attempting to serve an arrest warrant after the man allegedly threatened to kill president biden, his family, and several others, including former president obama. >> reporter: according to court filings, just three days ago, craig robertson posted that he'd heard president biden was coming to utah. robertson made a threat, saying he would be cleaning the dust off the m24 sniper rifle. a.t. smith is a former secret service deputy director and cbs news consultant. >> i think this is about as extreme as it getsts.

>> repeporter: vidideo at the ei raid.. thatat began thihis morning g at one popoint was s seen. one neighbhbor said ththey heard gunshohots. early wednesday, sources tell cbs news an fbi team tried to arrest robertson in his provo, utah, home, less than an hour's drive from where the president is traveling tonight. some kind of confrontation ensued, and robertson died in a shooting. the fbi had been investigating robertson for five months for allegedly making threats against other officials. among them, manhattan district attorney alvin bragg, new york attorney general letitia james, and attorney general merrick garland. all of them overseeing criminal or civil proceedings against former president donald trump. in march, using truth social, a platform favored by trump, robertson said he would be traveling to new york to fulfill his dream of killing bragg. the criminal complaint includes allegations of more than two dozen other threats against vice president harris, prosecutors, and fbi agents. >> there is a line to be crossed, and clearly this

individual crossed that line. >> reporter: neighbors tell cbs news robertson was active in his church, pro-second amendment, and someone known to have an "arsenal of weapons" in his home. a white house official says the president was briefed on the case this morning shortly after the shoot out. the secret service referred all questions on the case to the fbi. major? >> major: ed o'keefe, thank you. thunderstorms, baseball-sized hail, and at least two tornadoes hit northeastern colorado last night. this massive funnel cloud tore a path through yuma county, damaging homes and businesses. it also toppled telephone poles and power lines. authorities are going door to door to check on residents, but so far, no injuries have been reported. now to the january 6th investigation. tonight, we are learning new details about a trump campaign memo that lays out a postelection plot to use fake electors to block then-president-elect joe biden from taking office. cbs's robert costa also reports the investigation now includes former president trump's

social media account. >> reporter: court documents tonight reveal the special counsel obtained a search warrant for former president donald trump's twitter account, seeking more information as it continues to investigate the attempt to overthrow the 2020 election. trump responded immediately on social media, calling the search warrant a major hit on my civil rights. as prosecutors continue to build their case, we are learning new details about the justice department's probe into trump's conduct in and around january 6th. a memo authored by trump lawyer ken chesebro written in 2020 and first reported by "the new york times" outlines a plot to encourage the creation of false slates of trump electors, in battleground states where trump lost. the idea was to compel congress to consider those false slates on january 6th, when it certified the election. in the memo, chesebro writes that letting matters play out this way would enable trump to deprive biden of electoral votes, but he also acknowledged the proposal as a bold, controversial strategy that would likely be rejected by the

supreme court. chesebro did not respond to requests for comment. >> chesebro was the architect of a strategy to just keep biden from getting to the magic number of 270, doing something that he knew was almlmost certainly unlawful to buy time. >> reporter: but the effort fell short of pushing then-vice president mike pence to disavow certifying the 2020 election. [gavel sounds] pence has since become a key witness in the investigation. >> president trump asked me to put him over the constitution, but i chose the constitution. >> reporter: cbs news has learned chesebro is also likely one of the coconspirators in the trump indictment, but has not been charged. the next standoff in this case comes friday. a hearing will be held over what trump can and cannot say about the investigation. this comes after prosecutors sounded the alarm about comments the former president made on the trail and on social media. major?

>> major: a key word in that memo: deprive. robert costa, thank you. we turn now to a closely-watched battle over abortion. supporters of abortion rights in ohio are claiming victory after voters overwhelmingly rejected a ballot measure that would have made it more difficult to add abortion protections to the state's constitution. cbs's caitlin huey-burns reports on the political impact of the vote. >> ohio, we did it. we did it! [cheers and applause] >> reporter: voter turnout far exceeded expectations for a summer special election that sent a message across the country. >> they underestimated ohio. [cheers] and they have awakened a sleeping giant. >> reporter: at issue, whether to raise the threshold to amend the state constitution from a simple majority, 50% plus one vote, to 60%. republicans, including secretary of state frank larose, had hoped to implement the change ahead of november, when enshrining abortion protections into the state constitution will be on

the ballot. >> of course we don't want to see a really radical abortion amendment put in our state constitution. >> reporter: changing the rules at this stage in the game, isn't that stacking the deck? >> no. >> reporter: but 57% of ohio voters disagreed. voters rejected the measure even in areas former president trump won in 2020, and in each of ohio's 88 counties, support for the proposal was less than the trump vote. republican strategist maura gillespie says the results are a warning sign for her party. >> i think it speaks to this issue being a losing issue for republicans. they are never going to win, if they continue to isolate moderate republicans, independents, and many in their party who may be aren't the loudest voices. >> reporter: but ohio republicans aren't backing away. >> we lost one battle, but the war continues, and i have just begun to fight. >> reporter: and ohioans will vote directly on abortion rights this november with that constitutional amendment. and there are efforts underway

in other states to get this issue on the ballot next year, a presidential year, and also in that big battleground of arizona. major? >> major: caitlin huey-burns, thank you. the four-month drought without anyone hitting the mega millions jackpot ended last night. the very lucky someone purchased a single winning ticket worth nearly $1.6 billion at a publix grocery store in neptune beach, florida. cbs's cristian benavides is there. >> let's see if i can make you a billionaire tonight. >> reporter: an instant billionaire woke up in neptune beach, florida, today, while millions were disappointed to find they weren't so lucky. >> i would have been glad to win $5. >> reporter: the winner won $1.58 billion, buying the single ticket at this publix grocery store. >> i could have won. that could have been me. >> reporter: this is the third-largest jackpot in u.s. history. the lucky winner can now afford to buy just about anything, like 56 rolls-royce boat tails, nearly 170,000 diamond rings, and six penthouse apartments,

overlooking new york's central park. now lottery players are flocking to this store, hoping to strike gold themselves. so you think the store is going to get lucky twice? >> it's a possibility. other places have. >> reporter: now, the winner has 60 days to decide how they want to receive their winnings. if they choose the lump sum, that's $783 million. major? >> major: happy choices ahead. cristian benavides, thank you. now to an update on a cbs news investigation. as we have reported, at least 35,000 service members were kicked out of the military because of their sexual orientation, but just over 1300 have had their discharge status changed since the don't ask, don't tell policy was repealed in 2010. cbs's jim axelrod reports on a new lawsuit against the pentagon that seeks to restore honor to thousands of veterans. >> reporter: this is 24-year-old you. >> correct. >> reporter: do you remember what she was thinking? >> i thought i was proud at that time, putting on that uniform was everything.

>> reporter: when sherrill farrell joined the navy in 1985, she thought she had found a career. you wanted to do 20 years. >> that was my plan. >> reporter: you didn't even do ten months. >> no, sir. i wasn't allowed to. >> reporter: she says a casual conversation about gay clubs with a bunkmate landed her in front of naval investigators. her military career was over a few months later. she was stunned to read her dd214. her discharge document. >> other than honorable due to homosexuality. it hurt. because my country was telling me i was not good enough to serve because of who i love. not because of anything else, just because of who i love. >> reporter: farrell is part of a group of veterans now suing the defense department to get their discharges changed and gain access to benefits like va loans, tuition assistance, and federal jobs. >> this case is not about damages. this case is about simply changing that piece of paper. >> reporter: jocelyn larkin is one of the lawyers representing farrell and others in a

class action lawsuit against the pentagon. >> every time they have to show that document, they are essentially outed involuntarily. i mean, imagine if it was on your driver's license. it's ridiculous. >> reporter: the suit calls the existing process of trying to change events dd214 inadequate, opaque, and often requires veterans to hire a lawyer. >> it would take a lot less effort to change these documents than it did to hound them out and take away their dreams. >> reporter: as for sherrill farrell, she still has hope for an upgraded discharge and plans for when she gets one. >> once they change my discharge, i'm going to frame both of those dd214s and hang them up. because i want the country to know that i was willing to serve and die for my country, but you are telling me i am not able to serve because of who i love? and you are not even willing to serve, but you get all of the benefits. how fair is that? >> reporter: a pentagon spokesperson said the department does not comment on pending litigation, but in an earlier statement, stood by their

existing discharge upgrade process. major? >> major: jim axelrod, thank you. the suspected gilgo beach serial killer was ordered by a long island judge today to turn in a dna sample. the judge ruled there is probable cause to believe rex heuermann committed at least some of the gilgo beach murders. heuermann's lawyers had argued against submitting dna. investigators used a dna found on a pizza crust outside heuermann's office to link him to one of the three victims he's accused of killing. there is an update on an american nurse and her daughter, who were kidnapped in haiti. that's next. ♪ ♪ who o were kidnapppped in hahai. that's nexext. ♪ ♪ shshe's been l looking foro. sotytyktu isis the firstst-of-its-kiki, once-dailyly pill for moderarate-to-sevevere plaqueue psoriasisis for the chance at clclear oror almost clclear skin.. itit's like ththe feelingg of findiding your baback... is b back. or findingng psoriasisis can't t deny the s splendor of these t thighs.

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>> major: a nurse from new hampshire and her daughter who were abducted in haiti nearly two weeks ago have been freed. without offering details, the aid group that alix dorsainvil works for said they had been held captive in the city of port-au-prince. dorsainvil and her daughter were abducted on the same day. the state department ordered the evacuation of some americans due to the threat of kidnapping and other crimes. tonight, we remember rock 'n' roll legend robbie robertson. that is next. ♪ ♪ vegan robbie robertson. that is next. ♪ ♪ ththis mouth used to sing meme lullabieses. now, it't's unrecogngnizable. if your r loved one e with alzheimer'r's dementiaia hahas become a agitated, it's notot their fauault.

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backing bob dylan in the 1960s. robertson went on to a critically acclaimed solo career, also producing soundtracks for his longtime friend, director martin scorsese, who paid tribute, saying robertson's effect on the art form was profound and lasting. robbie robertson was 80. after nearly 60 years, an american hero finally gets his due. that is next. ♪ ♪ >> announcer: this portion of the "cbs evening news" is sponsored by fisher investments. clearly different money management. investments. nearly different money management. you sell high commission investment products, right? (fisher investments) nope. fisher avoids them. (other money manager) well, you must earn commissions on trades. (fisher investments) never at fisher investments. (other money manager) ok, then you probably sneak in some hidden and layered fees. (fisher investments) no. we structure our fees so we do better when clients do better. that might be why most of our clients come from other money managers.

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♪ liberty. liberty. liberty. liberty. ♪ >> major: one of the first black officers to serve in the green berets was honored today with the unveiling of his medal of honor plaque. cbs's catherine herridge has, for some time, followed the remarkable story of vietnam war veteran, retired colonel paris davis. now receiving long-overdue recognition. >> reporter: when president biden awarded the medal of honor to retired

colonel paris davis in march... >> we honor a true hero of our nation. >> reporter: it righted a nearly six-decade-old wrong for one of the first black officers in the elite green berets. since the white house ceremony, what has changed? >> everything. >> reporter: americans have taken the 84-year-old davis into their hearts. >> i couldn't go anywhere that someone didn't recognize me, or come over, and say "thanks for your service." >> reporter: they have sent handmade cards. >> most of them were "we love you, congratulations." >> reporter: he has even thrown out the first pitch at nationals park. [cheers and applause] but some still ask why his medal of honor paperwork for rescuing two severely injured soldiers in vietnam vanished twice at the height of the civil rights movement. >> people were really interested in finding out what the hell happened, and i would always say, "that was then, this is now." >> reporter: and now, another honor, his name engraved in the medal of honor wall at the national museum of the u.s. army. >> never forget who we are and

what america stands for. >> reporter: as davis secures his place in special forces history. catherine herridge, cbs news, fort belvoir, virginia. >> major: that is tonight's "cbs evening news." for norah o'donnell, i am major garrett. good night. ♪ ♪ . right now at 7:00, breaking news out of the port of oakland, a fire, what we have learned about what is burning and how long it may take to put out. this is cbs news bay area with juliette goodrich. hi, i'm sara donchey in for juliette. a fire at the port has been spewing thick black

smoke across the east bay. a lot of people can see this, we have been following it, what is the latest? i know you mentioned we were keeping an eye on what was actually burning here. that is important. >> reporter: right, apparently it is metal t. is a scrap material burning at the port of oakland. unconfirmed reports but they might be calling for more help right now getting another fireboat in from san francisco. live pictures right now from our chopper over the scene you can see it is just spewing that thick black nasty smoke. by all accounts it is a pile of scrap metal. there is at the steel factory in oakland's inner harbor. they sort and scrap metal that is used in steel mills the fire city boat got on scene 15 minutes ago. spraying water from the bayside, in addition to the fire engine that is on the left-hand side of the screen spraying water from a hydrant. they have not been able to make a lot of progress get